Florida Senate - 2013                       CS for CS for SB 156
       
       
       
       By the Committees on Appropriations; and Community Affairs; and
       Senator Detert
       
       
       
       576-04931A-13                                          2013156c2
    1                        A bill to be entitled                      
    2         An act relating to building construction; amending s.
    3         162.12, F.S.; revising notice requirements in the
    4         Local Government Code Enforcement Boards Act;
    5         amending ss. 255.20 and 255.2575, F.S.; requiring
    6         governmental entities to specify certain products
    7         associated with public works projects; providing for
    8         applicability; amending s. 255.257, F.S.; requiring
    9         state agencies to use certain building rating systems
   10         and building codes for each new construction and
   11         renovation project; amending s. 381.0065, F.S.;
   12         specifying that certain actions relating to onsite
   13         sewage treatment and removal are not required if a
   14         bedroom is not added during a remodeling addition or
   15         modification to a single-family home; prohibiting a
   16         remodeling addition or modification from certain
   17         coverage or encroachment; authorizing a local health
   18         board to review specific plans; requiring a review to
   19         be completed within a specific time period after
   20         receipt of specific plans; amending s. 489.103, F.S.;
   21         providing for additional exemptions; amending s.
   22         489.105, F.S.; revising definitions; amending s.
   23         489.111, F.S.; revising eligibility criteria to take
   24         the swimming pool/spa examination; providing that
   25         amendments to s. 489.113(2), F.S., enacted in s. 11,
   26         ch. 2012-13, Laws of Florida, are remedial and
   27         intended to clarify existing law; providing for
   28         retroactivity; amending s. 489.127, F.S.; revising
   29         civil penalties; authorizing a local building
   30         department to retain 75 percent of certain fines
   31         collected if it transmits 25 percent to the Department
   32         of Business and Professional Regulation; amending s.
   33         489.131, F.S.; deleting legislative intent referring
   34         to a local agency’s enforcement of regulatory laws;
   35         deleting the definitions of “minor violation” and
   36         “notice of noncompliance”; deleting provisions that
   37         provide for what a notice of noncompliance should or
   38         should not include; deleting a provision that provides
   39         for further disciplinary proceedings for certain
   40         licensees; amending s. 489.514, F.S.; extending the
   41         date by which an applicant must make application for a
   42         license to be grandfathered; amending s. 489.531,
   43         F.S.; revising a maximum civil penalty; amending s.
   44         553.71, F.S.; providing a definition for the term
   45         “local technical amendment”; amending s. 553.73, F.S.;
   46         prohibiting any provision of the International
   47         Residential Code relating to mandated fire sprinklers
   48         from incorporation into the Florida Building Code;
   49         amending s. 553.74, F.S.; revising membership of the
   50         Florida Building Commission; amending s. 553.79, F.S.;
   51         authorizing a site plan to be maintained at the
   52         worksite as an electronic copy; requiring the copy to
   53         be open to inspection by certain officials; amending
   54         s. 553.842, F.S.; requiring an application for state
   55         approval of a certain product to be approved by the
   56         department after the application and related
   57         documentation are complete; amending ss. 553.901,
   58         553.902, 553.903, 553.904, 553.905, and 553.906, F.S.;
   59         requiring the Florida Building Commission to adopt the
   60         Florida Building Code-Energy Conservation; conforming
   61         subsequent sections of the thermal efficiency code;
   62         amending s. 553.912, F.S.; requiring replacement air
   63         conditioning systems in residential applications to
   64         use energy-saving quality installation procedures;
   65         providing that certain existing heating and cooling
   66         equipment is not required to meet the minimum
   67         equipment efficiencies; amending s. 553.991, F.S.;
   68         revising the purpose of the Florida Building Energy
   69         Efficiency Rating Act; repealing s. 553.992, F.S.,
   70         relating to the adoption of a rating system; amending
   71         s. 553.993, F.S.; providing definitions; amending s.
   72         553.994, F.S.; providing for the applicability of
   73         building energy-efficiency rating systems; amending s.
   74         553.995, F.S.; deleting a minimum requirement for the
   75         building energy-efficiency rating systems; revising
   76         language; deleting provisions relating to a certain
   77         interest group; deleting provisions relating to the
   78         Department of Business and Professional Regulation;
   79         amending s. 553.996, F.S.; requiring building energy
   80         efficiency rating system providers to provide certain
   81         information; amending s. 553.997, F.S.; deleting a
   82         provision relating to the department; amending s.
   83         553.998, F.S.; revising provisions relating to rating
   84         compliance; providing effective dates.
   85  
   86  Be It Enacted by the Legislature of the State of Florida:
   87  
   88         Section 1. Section 162.12, Florida Statutes, is amended to
   89  read:
   90         162.12 Notices.—
   91         (1) All notices required by this part must be provided to
   92  the alleged violator by:
   93         (a) Certified mail, return receipt requested, to the
   94  address listed in the tax collector’s office for tax notices, or
   95  to the address listed in the county property appraiser’s
   96  database. The local government may also provide an additional
   97  notice to any other address it may find for provided by the
   98  property owner in writing to the local government for the
   99  purpose of receiving notices. For property owned by a
  100  corporation, notices may be provided by certified mail to the
  101  registered agent of the corporation. If any notice sent by
  102  certified mail is not signed as received within 30 days after
  103  the postmarked date of mailing, notice may be provided by
  104  posting as described in subparagraphs (2)(b)1. and 2.;
  105         (b) Hand delivery by the sheriff or other law enforcement
  106  officer, code inspector, or other person designated by the local
  107  governing body;
  108         (c) Leaving the notice at the violator’s usual place of
  109  residence with any person residing therein who is above 15 years
  110  of age and informing such person of the contents of the notice;
  111  or
  112         (d) In the case of commercial premises, leaving the notice
  113  with the manager or other person in charge.
  114         (2) In addition to providing notice as set forth in
  115  subsection (1), at the option of the code enforcement board or
  116  the local government, notice may also be served by publication
  117  or posting, as follows:
  118         (a)1. Such notice shall be published once during each week
  119  for 4 consecutive weeks (four publications being sufficient) in
  120  a newspaper of general circulation in the county where the code
  121  enforcement board is located. The newspaper shall meet such
  122  requirements as are prescribed under chapter 50 for legal and
  123  official advertisements.
  124         2. Proof of publication shall be made as provided in ss.
  125  50.041 and 50.051.
  126         (b)1. In lieu of publication as described in paragraph (a),
  127  such notice may be posted at least 10 days prior to the hearing,
  128  or prior to the expiration of any deadline contained in the
  129  notice, in at least two locations, one of which shall be the
  130  property upon which the violation is alleged to exist and the
  131  other of which shall be, in the case of municipalities, at the
  132  primary municipal government office, and in the case of
  133  counties, at the front door of the courthouse or the main county
  134  governmental center in said county.
  135         2. Proof of posting shall be by affidavit of the person
  136  posting the notice, which affidavit shall include a copy of the
  137  notice posted and the date and places of its posting.
  138         (c) Notice by publication or posting may run concurrently
  139  with, or may follow, an attempt or attempts to provide notice by
  140  hand delivery or by mail as required under subsection (1).
  141  
  142  Evidence that an attempt has been made to hand deliver or mail
  143  notice as provided in subsection (1), together with proof of
  144  publication or posting as provided in subsection (2), shall be
  145  sufficient to show that the notice requirements of this part
  146  have been met, without regard to whether or not the alleged
  147  violator actually received such notice.
  148         Section 2. Subsection (3) of section 255.20, Florida
  149  Statutes, is amended to read:
  150         255.20 Local bids and contracts for public construction
  151  works; specification of state-produced lumber.—
  152         (3)(a) All county officials, boards of county
  153  commissioners, school boards, city councils, city commissioners,
  154  and all other public officers of state boards or commissions
  155  that are charged with the letting of contracts for public work,
  156  for the construction of public bridges, buildings, and other
  157  structures must specify in the contract lumber, timber, and
  158  other forest products produced and manufactured in this state,
  159  if wood is a component of the public work, and if such products
  160  are available and their price, fitness, and quality are equal.
  161         (b) This subsection does not apply:
  162         1. To plywood specified for monolithic concrete forms.,
  163         2. If the structural or service requirements for timber for
  164  a particular job cannot be supplied by native species., or
  165         3. If the construction is financed in whole or in part from
  166  federal funds with the requirement that there be no restrictions
  167  as to species or place of manufacture.
  168         4. To transportation projects for which federal aid funds
  169  are available.
  170         Section 3. Subsection (4) is added to section 255.2575,
  171  Florida Statutes, to read:
  172         255.2575 Energy-efficient and sustainable buildings.—
  173         (4)(a) All state agencies, county officials, boards of
  174  county commissioners, school boards, city councils, city
  175  commissioners, and all other public officers of state boards or
  176  commissions that are charged with the letting of contracts for
  177  public work, for the construction of public bridges, buildings,
  178  and other structures must specify in the contract lumber,
  179  timber, and other forest products produced and manufactured in
  180  this state, if wood is a component of the public work, and if
  181  such products are available and their price, fitness, and
  182  quality are equal.
  183         (b) This subsection does not apply:
  184         1. To plywood specified for monolithic concrete forms.
  185         2. If the structural or service requirements for timber for
  186  a particular job cannot be supplied by native species.
  187         3. If the construction is financed in whole or in part from
  188  federal funds with the requirement that there be no restrictions
  189  as to species or place of manufacture.
  190         4. To transportation projects for which federal aid funds
  191  are available.
  192         Section 4. Paragraph (a) of subsection (4) of section
  193  255.257, Florida Statutes, is amended to read:
  194         255.257 Energy management; buildings occupied by state
  195  agencies.—
  196         (4) ADOPTION OF STANDARDS.—
  197         (a) Each All state agency agencies shall use adopt a
  198  sustainable building rating system or use a national model green
  199  building code for each all new building buildings and renovation
  200  renovations to an existing building buildings.
  201         Section 5. Paragraph (aa) of subsection (4) of section
  202  381.0065, Florida Statutes, is amended to read:
  203         381.0065 Onsite sewage treatment and disposal systems;
  204  regulation.—
  205         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
  206  construct, repair, modify, abandon, or operate an onsite sewage
  207  treatment and disposal system without first obtaining a permit
  208  approved by the department. The department may issue permits to
  209  carry out this section, but shall not make the issuance of such
  210  permits contingent upon prior approval by the Department of
  211  Environmental Protection, except that the issuance of a permit
  212  for work seaward of the coastal construction control line
  213  established under s. 161.053 shall be contingent upon receipt of
  214  any required coastal construction control line permit from the
  215  Department of Environmental Protection. A construction permit is
  216  valid for 18 months from the issuance date and may be extended
  217  by the department for one 90-day period under rules adopted by
  218  the department. A repair permit is valid for 90 days from the
  219  date of issuance. An operating permit must be obtained prior to
  220  the use of any aerobic treatment unit or if the establishment
  221  generates commercial waste. Buildings or establishments that use
  222  an aerobic treatment unit or generate commercial waste shall be
  223  inspected by the department at least annually to assure
  224  compliance with the terms of the operating permit. The operating
  225  permit for a commercial wastewater system is valid for 1 year
  226  from the date of issuance and must be renewed annually. The
  227  operating permit for an aerobic treatment unit is valid for 2
  228  years from the date of issuance and must be renewed every 2
  229  years. If all information pertaining to the siting, location,
  230  and installation conditions or repair of an onsite sewage
  231  treatment and disposal system remains the same, a construction
  232  or repair permit for the onsite sewage treatment and disposal
  233  system may be transferred to another person, if the transferee
  234  files, within 60 days after the transfer of ownership, an
  235  amended application providing all corrected information and
  236  proof of ownership of the property. There is no fee associated
  237  with the processing of this supplemental information. A person
  238  may not contract to construct, modify, alter, repair, service,
  239  abandon, or maintain any portion of an onsite sewage treatment
  240  and disposal system without being registered under part III of
  241  chapter 489. A property owner who personally performs
  242  construction, maintenance, or repairs to a system serving his or
  243  her own owner-occupied single-family residence is exempt from
  244  registration requirements for performing such construction,
  245  maintenance, or repairs on that residence, but is subject to all
  246  permitting requirements. A municipality or political subdivision
  247  of the state may not issue a building or plumbing permit for any
  248  building that requires the use of an onsite sewage treatment and
  249  disposal system unless the owner or builder has received a
  250  construction permit for such system from the department. A
  251  building or structure may not be occupied and a municipality,
  252  political subdivision, or any state or federal agency may not
  253  authorize occupancy until the department approves the final
  254  installation of the onsite sewage treatment and disposal system.
  255  A municipality or political subdivision of the state may not
  256  approve any change in occupancy or tenancy of a building that
  257  uses an onsite sewage treatment and disposal system until the
  258  department has reviewed the use of the system with the proposed
  259  change, approved the change, and amended the operating permit.
  260         (aa) An existing-system inspection or evaluation and
  261  assessment, or a modification, replacement, or upgrade of an
  262  onsite sewage treatment and disposal system is not required for
  263  a remodeling addition or modification to a single-family home if
  264  a bedroom is not added. However, a remodeling addition or
  265  modification to a single-family home may not cover any part of
  266  the existing system or encroach upon a required setback or the
  267  unobstructed area. To determine if a setback or the unobstructed
  268  area is impacted, the local health department shall review and
  269  verify a floor plan and site plan of the proposed remodeling
  270  addition or modification to the home submitted by a remodeler
  271  which shows the location of the system, including the distance
  272  of the remodeling addition or modification to the home from the
  273  onsite sewage treatment and disposal system. The local health
  274  department may visit the site or otherwise determine the best
  275  means of verifying the information submitted. A verification of
  276  the location of a system is not an inspection or evaluation and
  277  assessment of the system. The review and verification must be
  278  completed within 7 business days after receipt by the local
  279  health department of a floor plan and site plan. If the review
  280  and verification is not completed within such time, the
  281  remodeling addition or modification to the single-family home,
  282  for the purposes of this paragraph, is approved.
  283         Section 6. Effective October 1, 2014, subsection (23) is
  284  added to section 489.103, Florida Statutes, to read:
  285         489.103 Exemptions.— This part does not apply to:
  286         (23)An owner or operator of a public swimming pool or spa
  287  permitted under s. 514.031, an entity under common ownership or
  288  control with the owner or operator, or a direct employee of the
  289  owner, operator, or related entity, who undertakes to maintain
  290  the swimming pool or spa for the purpose of water treatment.
  291         Section 7. Effective October 1, 2014, subsection (3) of
  292  section 489.105, Florida Statutes, is amended to read:
  293         489.105 Definitions.— As used in this part:
  294         (3) “Contractor” means the person who is qualified for, and
  295  is only responsible for, the project contracted for and means,
  296  except as exempted in this part, the person who, for
  297  compensation, undertakes to, submits a bid to, or does himself
  298  or herself or by others construct, repair, alter, remodel, add
  299  to, demolish, maintain for purposes of water treatment, subtract
  300  from, or improve any building or structure, including related
  301  improvements to real estate, for others or for resale to others;
  302  and whose job scope is substantially similar to the job scope
  303  described in one of the paragraphs of this subsection. For the
  304  purposes of regulation under this part, the term “demolish”
  305  applies only to demolition of steel tanks more than 50 feet in
  306  height; towers more than 50 feet in height; other structures
  307  more than 50 feet in height; and, effective July 1, 2013, the
  308  term applies to and all buildings or residences more than three
  309  stories tall. For purposes of regulation under this part, the
  310  phrase “maintain for purposes of water treatment” applies only
  311  to cleaning, maintenance, and water treatment of swimming pools
  312  and spas. Contractors are subdivided into two divisions,
  313  Division I, consisting of those contractors defined in
  314  paragraphs (a)-(c), and Division II, consisting of those
  315  contractors defined in paragraphs (d)-(q):
  316         (a) “General contractor” means a contractor whose services
  317  are unlimited as to the type of work which he or she may do, who
  318  may contract for any activity requiring licensure under this
  319  part, and who may perform any work requiring licensure under
  320  this part, except as otherwise expressly provided in s. 489.113.
  321         (b) “Building contractor” means a contractor whose services
  322  are limited to construction of commercial buildings and single
  323  dwelling or multiple-dwelling residential buildings, which do
  324  not exceed three stories in height, and accessory use structures
  325  in connection therewith or a contractor whose services are
  326  limited to remodeling, repair, or improvement of any size
  327  building if the services do not affect the structural members of
  328  the building.
  329         (c) “Residential contractor” means a contractor whose
  330  services are limited to construction, remodeling, repair, or
  331  improvement of one-family, two-family, or three-family
  332  residences not exceeding two habitable stories above no more
  333  than one uninhabitable story and accessory use structures in
  334  connection therewith.
  335         (d) “Sheet metal contractor” means a contractor whose
  336  services are unlimited in the sheet metal trade and who has the
  337  experience, knowledge, and skill necessary for the manufacture,
  338  fabrication, assembling, handling, erection, installation,
  339  dismantling, conditioning, adjustment, insulation, alteration,
  340  repair, servicing, or design, if not prohibited by law, of
  341  ferrous or nonferrous metal work of U.S. No. 10 gauge or its
  342  equivalent or lighter gauge and of other materials, including,
  343  but not limited to, fiberglass, used in lieu thereof and of air
  344  handling systems, including the setting of air-handling
  345  equipment and reinforcement of same, the balancing of air
  346  handling systems, and any duct cleaning and equipment sanitizing
  347  that requires at least a partial disassembling of the system.
  348         (e) “Roofing contractor” means a contractor whose services
  349  are unlimited in the roofing trade and who has the experience,
  350  knowledge, and skill to install, maintain, repair, alter,
  351  extend, or design, if not prohibited by law, and use materials
  352  and items used in the installation, maintenance, extension, and
  353  alteration of all kinds of roofing, waterproofing, and coating,
  354  except when coating is not represented to protect, repair,
  355  waterproof, stop leaks, or extend the life of the roof. The
  356  scope of work of a roofing contractor also includes skylights
  357  and any related work, required roof-deck attachments, and any
  358  repair or replacement of wood roof sheathing or fascia as needed
  359  during roof repair or replacement and any related work.
  360         (f) “Class A air-conditioning contractor” means a
  361  contractor whose services are unlimited in the execution of
  362  contracts requiring the experience, knowledge, and skill to
  363  install, maintain, repair, fabricate, alter, extend, or design,
  364  if not prohibited by law, central air-conditioning,
  365  refrigeration, heating, and ventilating systems, including duct
  366  work in connection with a complete system if such duct work is
  367  performed by the contractor as necessary to complete an air
  368  distribution system, boiler and unfired pressure vessel systems,
  369  and all appurtenances, apparatus, or equipment used in
  370  connection therewith, and any duct cleaning and equipment
  371  sanitizing that requires at least a partial disassembling of the
  372  system; to install, maintain, repair, fabricate, alter, extend,
  373  or design, if not prohibited by law, piping, insulation of
  374  pipes, vessels and ducts, pressure and process piping, and
  375  pneumatic control piping; to replace, disconnect, or reconnect
  376  power wiring on the load side of the dedicated existing
  377  electrical disconnect switch; to install, disconnect, and
  378  reconnect low voltage heating, ventilating, and air-conditioning
  379  control wiring; and to install a condensate drain from an air
  380  conditioning unit to an existing safe waste or other approved
  381  disposal other than a direct connection to a sanitary system.
  382  The scope of work for such contractor also includes any
  383  excavation work incidental thereto, but does not include any
  384  work such as liquefied petroleum or natural gas fuel lines
  385  within buildings, except for disconnecting or reconnecting
  386  changeouts of liquefied petroleum or natural gas appliances
  387  within buildings; potable water lines or connections thereto;
  388  sanitary sewer lines; swimming pool piping and filters; or
  389  electrical power wiring. A Class A air-conditioning contractor
  390  may test and evaluate central air-conditioning, refrigeration,
  391  heating, and ventilating systems, including duct work; however,
  392  a mandatory licensing requirement is not established for the
  393  performance of these specific services.
  394         (g) “Class B air-conditioning contractor” means a
  395  contractor whose services are limited to 25 tons of cooling and
  396  500,000 Btu of heating in any one system in the execution of
  397  contracts requiring the experience, knowledge, and skill to
  398  install, maintain, repair, fabricate, alter, extend, or design,
  399  if not prohibited by law, central air-conditioning,
  400  refrigeration, heating, and ventilating systems, including duct
  401  work in connection with a complete system only to the extent
  402  such duct work is performed by the contractor as necessary to
  403  complete an air-distribution system being installed under this
  404  classification, and any duct cleaning and equipment sanitizing
  405  that requires at least a partial disassembling of the system; to
  406  install, maintain, repair, fabricate, alter, extend, or design,
  407  if not prohibited by law, piping and insulation of pipes,
  408  vessels, and ducts; to replace, disconnect, or reconnect power
  409  wiring on the load side of the dedicated existing electrical
  410  disconnect switch; to install, disconnect, and reconnect low
  411  voltage heating, ventilating, and air-conditioning control
  412  wiring; and to install a condensate drain from an air
  413  conditioning unit to an existing safe waste or other approved
  414  disposal other than a direct connection to a sanitary system.
  415  The scope of work for such contractor also includes any
  416  excavation work incidental thereto, but does not include any
  417  work such as liquefied petroleum or natural gas fuel lines
  418  within buildings, except for disconnecting or reconnecting
  419  changeouts of liquefied petroleum or natural gas appliances
  420  within buildings; potable water lines or connections thereto;
  421  sanitary sewer lines; swimming pool piping and filters; or
  422  electrical power wiring. A Class B air-conditioning contractor
  423  may test and evaluate central air-conditioning, refrigeration,
  424  heating, and ventilating systems, including duct work; however,
  425  a mandatory licensing requirement is not established for the
  426  performance of these specific services.
  427         (h) “Class C air-conditioning contractor” means a
  428  contractor whose business is limited to the servicing of air
  429  conditioning, heating, or refrigeration systems, including any
  430  duct cleaning and equipment sanitizing that requires at least a
  431  partial disassembling of the system, and whose certification or
  432  registration, issued pursuant to this part, was valid on October
  433  1, 1988. Only a person who was registered or certified as a
  434  Class C air-conditioning contractor as of October 1, 1988, shall
  435  be so registered or certified after October 1, 1988. However,
  436  the board shall continue to license and regulate those Class C
  437  air-conditioning contractors who held Class C licenses before
  438  October 1, 1988.
  439         (i) “Mechanical contractor” means a contractor whose
  440  services are unlimited in the execution of contracts requiring
  441  the experience, knowledge, and skill to install, maintain,
  442  repair, fabricate, alter, extend, or design, if not prohibited
  443  by law, central air-conditioning, refrigeration, heating, and
  444  ventilating systems, including duct work in connection with a
  445  complete system if such duct work is performed by the contractor
  446  as necessary to complete an air-distribution system, boiler and
  447  unfired pressure vessel systems, lift station equipment and
  448  piping, and all appurtenances, apparatus, or equipment used in
  449  connection therewith, and any duct cleaning and equipment
  450  sanitizing that requires at least a partial disassembling of the
  451  system; to install, maintain, repair, fabricate, alter, extend,
  452  or design, if not prohibited by law, piping, insulation of
  453  pipes, vessels and ducts, pressure and process piping, pneumatic
  454  control piping, gasoline tanks and pump installations and piping
  455  for same, standpipes, air piping, vacuum line piping, oxygen
  456  lines, nitrous oxide piping, ink and chemical lines, fuel
  457  transmission lines, liquefied petroleum gas lines within
  458  buildings, and natural gas fuel lines within buildings; to
  459  replace, disconnect, or reconnect power wiring on the load side
  460  of the dedicated existing electrical disconnect switch; to
  461  install, disconnect, and reconnect low voltage heating,
  462  ventilating, and air-conditioning control wiring; and to install
  463  a condensate drain from an air-conditioning unit to an existing
  464  safe waste or other approved disposal other than a direct
  465  connection to a sanitary system. The scope of work for such
  466  contractor also includes any excavation work incidental thereto,
  467  but does not include any work such as potable water lines or
  468  connections thereto, sanitary sewer lines, swimming pool piping
  469  and filters, or electrical power wiring. A mechanical contractor
  470  may test and evaluate central air-conditioning, refrigeration,
  471  heating, and ventilating systems, including duct work; however,
  472  a mandatory licensing requirement is not established for the
  473  performance of these specific services.
  474         (j) “Commercial pool/spa contractor” means a contractor
  475  whose scope of work involves, but is not limited to, the
  476  construction, repair, water treatment, maintenance, and
  477  servicing of any swimming pool, or hot tub or spa, whether
  478  public, private, or otherwise, regardless of use. The scope of
  479  work includes the installation, repair, or replacement of
  480  existing equipment, any cleaning or equipment sanitizing that
  481  requires at least a partial disassembling, excluding filter
  482  changes, and the installation of new pool/spa equipment,
  483  interior finishes, the installation of package pool heaters, the
  484  installation of all perimeter piping and filter piping, and the
  485  construction of equipment rooms or housing for pool/spa
  486  equipment, and also includes the scope of work of a swimming
  487  pool/spa servicing contractor. The scope of such work does not
  488  include direct connections to a sanitary sewer system or to
  489  potable water lines. The installation, construction,
  490  modification, or replacement of equipment permanently attached
  491  to and associated with the pool or spa for the purpose of water
  492  treatment or cleaning of the pool or spa requires licensure;
  493  however, the usage of such equipment for the purposes of water
  494  treatment or cleaning does not require licensure unless the
  495  usage involves construction, modification, or replacement of
  496  such equipment. Water treatment that does not require such
  497  equipment does not require a license. In addition, a license is
  498  not required for the cleaning of the pool or spa in a way that
  499  does not affect the structural integrity of the pool or spa or
  500  its associated equipment.
  501         (k) “Residential pool/spa contractor” means a contractor
  502  whose scope of work involves, but is not limited to, the
  503  construction, repair, water treatment, maintenance, and
  504  servicing of a residential swimming pool, or hot tub or spa,
  505  regardless of use. The scope of work includes the installation,
  506  repair, or replacement of existing equipment, any cleaning or
  507  equipment sanitizing that requires at least a partial
  508  disassembling, excluding filter changes, and the installation of
  509  new pool/spa equipment, interior finishes, the installation of
  510  package pool heaters, the installation of all perimeter piping
  511  and filter piping, and the construction of equipment rooms or
  512  housing for pool/spa equipment, and also includes the scope of
  513  work of a swimming pool/spa servicing contractor. The scope of
  514  such work does not include direct connections to a sanitary
  515  sewer system or to potable water lines. The installation,
  516  construction, modification, or replacement of equipment
  517  permanently attached to and associated with the pool or spa for
  518  the purpose of water treatment or cleaning of the pool or spa
  519  requires licensure; however, the usage of such equipment for the
  520  purposes of water treatment or cleaning does not require
  521  licensure unless the usage involves construction, modification,
  522  or replacement of such equipment. Water treatment that does not
  523  require such equipment does not require a license. In addition,
  524  a license is not required for the cleaning of the pool or spa in
  525  a way that does not affect the structural integrity of the pool
  526  or spa or its associated equipment.
  527         (l) “Swimming pool/spa servicing contractor” means a
  528  contractor whose scope of work involves, but is not limited to,
  529  the repair, water treatment, maintenance, and servicing of a
  530  swimming pool, or hot tub or spa, whether public or private, or
  531  otherwise, regardless of use. The scope of work includes the
  532  repair or replacement of existing equipment, any sanitation,
  533  chemical balancing, routine maintenance or cleaning, cleaning or
  534  equipment sanitizing that requires at least a partial
  535  disassembling, excluding filter changes, and the installation of
  536  new pool/spa equipment, interior refinishing, the reinstallation
  537  or addition of pool heaters, the repair or replacement of all
  538  perimeter piping and filter piping, the repair of equipment
  539  rooms or housing for pool/spa equipment, and the substantial or
  540  complete draining of a swimming pool, or hot tub or spa, for the
  541  purpose of repair, or renovation, or water treatment. The scope
  542  of such work does not include direct connections to a sanitary
  543  sewer system or to potable water lines. The installation,
  544  construction, modification, substantial or complete disassembly,
  545  or replacement of equipment permanently attached to and
  546  associated with the pool or spa for the purpose of water
  547  treatment or cleaning of the pool or spa requires licensure;
  548  however, the usage of such equipment for the purposes of water
  549  treatment or cleaning does not require licensure unless the
  550  usage involves construction, modification, substantial or
  551  complete disassembly, or replacement of such equipment. Water
  552  treatment that does not require such equipment does not require
  553  a license. In addition, a license is not required for the
  554  cleaning of the pool or spa in a way that does not affect the
  555  structural integrity of the pool or spa or its associated
  556  equipment.
  557         (m) “Plumbing contractor” means a contractor whose services
  558  are unlimited in the plumbing trade and includes contracting
  559  business consisting of the execution of contracts requiring the
  560  experience, financial means, knowledge, and skill to install,
  561  maintain, repair, alter, extend, or, if not prohibited by law,
  562  design plumbing. A plumbing contractor may install, maintain,
  563  repair, alter, extend, or, if not prohibited by law, design the
  564  following without obtaining an additional local regulatory
  565  license, certificate, or registration: sanitary drainage or
  566  storm drainage facilities, water and sewer plants and
  567  substations, venting systems, public or private water supply
  568  systems, septic tanks, drainage and supply wells, swimming pool
  569  piping, irrigation systems, and solar heating water systems and
  570  all appurtenances, apparatus, or equipment used in connection
  571  therewith, including boilers and pressure process piping and
  572  including the installation of water, natural gas, liquefied
  573  petroleum gas and related venting, and storm and sanitary sewer
  574  lines. The scope of work of the plumbing contractor also
  575  includes the design, if not prohibited by law, and installation,
  576  maintenance, repair, alteration, or extension of air-piping,
  577  vacuum line piping, oxygen line piping, nitrous oxide piping,
  578  and all related medical gas systems; fire line standpipes and
  579  fire sprinklers if authorized by law; ink and chemical lines;
  580  fuel oil and gasoline piping and tank and pump installation,
  581  except bulk storage plants; and pneumatic control piping
  582  systems, all in a manner that complies with all plans,
  583  specifications, codes, laws, and regulations applicable. The
  584  scope of work of the plumbing contractor applies to private
  585  property and public property, including any excavation work
  586  incidental thereto, and includes the work of the specialty
  587  plumbing contractor. Such contractor shall subcontract, with a
  588  qualified contractor in the field concerned, all other work
  589  incidental to the work but which is specified as being the work
  590  of a trade other than that of a plumbing contractor. This
  591  definition does not limit the scope of work of any specialty
  592  contractor certified pursuant to s. 489.113(6), and does not
  593  require certification or registration under this part of any
  594  authorized employee of a public natural gas utility or of a
  595  private natural gas utility regulated by the Public Service
  596  Commission when disconnecting and reconnecting water lines in
  597  the servicing or replacement of an existing water heater. A
  598  plumbing contractor may perform drain cleaning and clearing and
  599  install or repair rainwater catchment systems; however, a
  600  mandatory licensing requirement is not established for the
  601  performance of these specific services.
  602         (n) “Underground utility and excavation contractor” means a
  603  contractor whose services are limited to the construction,
  604  installation, and repair, on public or private property, whether
  605  accomplished through open excavations or through other means,
  606  including, but not limited to, directional drilling, auger
  607  boring, jacking and boring, trenchless technologies, wet and dry
  608  taps, grouting, and slip lining, of main sanitary sewer
  609  collection systems, main water distribution systems, storm sewer
  610  collection systems, and the continuation of utility lines from
  611  the main systems to a point of termination up to and including
  612  the meter location for the individual occupancy, sewer
  613  collection systems at property line on residential or single
  614  occupancy commercial properties, or on multioccupancy properties
  615  at manhole or wye lateral extended to an invert elevation as
  616  engineered to accommodate future building sewers, water
  617  distribution systems, or storm sewer collection systems at storm
  618  sewer structures. However, an underground utility and excavation
  619  contractor may install empty underground conduits in rights-of
  620  way, easements, platted rights-of-way in new site development,
  621  and sleeves for parking lot crossings no smaller than 2 inches
  622  in diameter if each conduit system installed is designed by a
  623  licensed professional engineer or an authorized employee of a
  624  municipality, county, or public utility and the installation of
  625  such conduit does not include installation of any conductor
  626  wiring or connection to an energized electrical system. An
  627  underground utility and excavation contractor may not install
  628  piping that is an integral part of a fire protection system as
  629  defined in s. 633.021 beginning at the point where the piping is
  630  used exclusively for such system.
  631         (o) “Solar contractor” means a contractor whose services
  632  consist of the installation, alteration, repair, maintenance,
  633  relocation, or replacement of solar panels for potable solar
  634  water heating systems, swimming pool solar heating systems, and
  635  photovoltaic systems and any appurtenances, apparatus, or
  636  equipment used in connection therewith, whether public, private,
  637  or otherwise, regardless of use. A contractor, certified or
  638  registered pursuant to this chapter, is not required to become a
  639  certified or registered solar contractor or to contract with a
  640  solar contractor in order to provide services enumerated in this
  641  paragraph that are within the scope of the services such
  642  contractors may render under this part.
  643         (p) “Pollutant storage systems contractor” means a
  644  contractor whose services are limited to, and who has the
  645  experience, knowledge, and skill to install, maintain, repair,
  646  alter, extend, or design, if not prohibited by law, and use
  647  materials and items used in the installation, maintenance,
  648  extension, and alteration of, pollutant storage tanks. Any
  649  person installing a pollutant storage tank shall perform such
  650  installation in accordance with the standards adopted pursuant
  651  to s. 376.303.
  652         (q) “Specialty contractor” means a contractor whose scope
  653  of work and responsibility is limited to a particular phase of
  654  construction established in a category adopted by board rule and
  655  whose scope is limited to a subset of the activities described
  656  in one of the paragraphs of this subsection.
  657         Section 8. Effective October 1, 2014, subsection (2) of
  658  section 489.111, Florida Statutes, is amended to read:
  659         489.111 Licensure by examination.—
  660         (2) A person shall be eligible for licensure by examination
  661  if the person:
  662         (a) Is 18 years of age;
  663         (b) Is of good moral character; and
  664         (c) Meets eligibility requirements according to one of the
  665  following criteria:
  666         1. Has received a baccalaureate degree from an accredited
  667  4-year college in the appropriate field of engineering,
  668  architecture, or building construction and has 1 year of proven
  669  experience in the category in which the person seeks to qualify.
  670  For the purpose of this part, a minimum of 2,000 person-hours
  671  shall be used in determining full-time equivalency.
  672         2. Has a total of at least 4 years of active experience as
  673  a worker who has learned the trade by serving an apprenticeship
  674  as a skilled worker who is able to command the rate of a
  675  mechanic in the particular trade or as a foreman who is in
  676  charge of a group of workers and usually is responsible to a
  677  superintendent or a contractor or his or her equivalent,
  678  provided, however, that at least 1 year of active experience
  679  shall be as a foreman.
  680         3. Has a combination of not less than 1 year of experience
  681  as a foreman and not less than 3 years of credits for any
  682  accredited college-level courses; has a combination of not less
  683  than 1 year of experience as a skilled worker, 1 year of
  684  experience as a foreman, and not less than 2 years of credits
  685  for any accredited college-level courses; or has a combination
  686  of not less than 2 years of experience as a skilled worker, 1
  687  year of experience as a foreman, and not less than 1 year of
  688  credits for any accredited college-level courses. All junior
  689  college or community college-level courses shall be considered
  690  accredited college-level courses.
  691         4.a. An active certified residential contractor is eligible
  692  to take the building contractors’ examination if he or she
  693  possesses a minimum of 3 years of proven experience in the
  694  classification in which he or she is certified.
  695         b. An active certified residential contractor is eligible
  696  to take the general contractors’ examination if he or she
  697  possesses a minimum of 4 years of proven experience in the
  698  classification in which he or she is certified.
  699         c. An active certified building contractor is eligible to
  700  take the general contractors’ examination if he or she possesses
  701  a minimum of 4 years of proven experience in the classification
  702  in which he or she is certified.
  703         5.a. An active certified air-conditioning Class C
  704  contractor is eligible to take the air-conditioning Class B
  705  contractors’ examination if he or she possesses a minimum of 3
  706  years of proven experience in the classification in which he or
  707  she is certified.
  708         b. An active certified air-conditioning Class C contractor
  709  is eligible to take the air-conditioning Class A contractors’
  710  examination if he or she possesses a minimum of 4 years of
  711  proven experience in the classification in which he or she is
  712  certified.
  713         c. An active certified air-conditioning Class B contractor
  714  is eligible to take the air-conditioning Class A contractors’
  715  examination if he or she possesses a minimum of 1 year of proven
  716  experience in the classification in which he or she is
  717  certified.
  718         6.a. An active certified swimming pool servicing contractor
  719  is eligible to take the residential swimming pool contractors’
  720  examination if he or she possesses a minimum of 3 years of
  721  proven experience in the classification in which he or she is
  722  certified.
  723         b. An active certified swimming pool servicing contractor
  724  is eligible to take the swimming pool commercial contractors’
  725  examination if he or she possesses a minimum of 4 years of
  726  proven experience in the classification in which he or she is
  727  certified.
  728         c. An active certified residential swimming pool contractor
  729  is eligible to take the commercial swimming pool contractors’
  730  examination if he or she possesses a minimum of 1 year of proven
  731  experience in the classification in which he or she is
  732  certified.
  733         d. An applicant is eligible to take the swimming pool/spa
  734  servicing contractors’ examination if he or she has
  735  satisfactorily completed 60 hours of instruction in courses and
  736  20 hours of field hands-on instruction related to the scope of
  737  work covered by that license and approved by the Construction
  738  Industry Licensing Board by rule and has at least 1 year of
  739  proven experience related to the scope of work of such a
  740  contractor.
  741         Section 9. The amendments to s. 489.113(2), Florida
  742  Statutes, by section 11 of chapter 2012-13, Laws of Florida, are
  743  remedial in nature and intended to clarify existing law. This
  744  section applies retroactively to any action initiated or pending
  745  on or after March 23, 2012.
  746         Section 10. Paragraphs (c) and (f) of subsection (5) and
  747  subsection (6) of section 489.127, Florida Statutes, are amended
  748  to read:
  749         489.127 Prohibitions; penalties.—
  750         (5) Each county or municipality may, at its option,
  751  designate one or more of its code enforcement officers, as
  752  defined in chapter 162, to enforce, as set out in this
  753  subsection, the provisions of subsection (1) and s. 489.132(1)
  754  against persons who engage in activity for which a county or
  755  municipal certificate of competency or license or state
  756  certification or registration is required.
  757         (c) The local governing body of the county or municipality
  758  may is authorized to enforce codes and ordinances against
  759  unlicensed contractors under the provisions of this subsection
  760  and may enact an ordinance establishing procedures for
  761  implementing this subsection, including a schedule of penalties
  762  to be assessed by the code enforcement officer. The maximum
  763  civil penalty which may be levied may shall not exceed $2,000
  764  $500. Moneys collected pursuant to this subsection shall be
  765  retained locally, as provided for by local ordinance, and may be
  766  set aside in a specific fund to support future enforcement
  767  activities against unlicensed contractors.
  768         (f) If the enforcement or licensing board or designated
  769  special magistrate finds that a violation exists, the
  770  enforcement or licensing board or designated special magistrate
  771  may order the violator to pay a civil penalty of not less than
  772  the amount set forth on the citation but not more than $1,500
  773  $1,000 per day for each violation. In determining the amount of
  774  the penalty, the enforcement or licensing board or designated
  775  special magistrate shall consider the following factors:
  776         1. The gravity of the violation.
  777         2. Any actions taken by the violator to correct the
  778  violation.
  779         3. Any previous violations committed by the violator.
  780         (6) Local building departments may collect outstanding
  781  fines against registered or certified contractors issued by the
  782  Construction Industry Licensing Board and may retain 75 25
  783  percent of the fines they are able to collect, provided that
  784  they transmit 25 75 percent of the fines they are able to
  785  collect to the department according to a procedure to be
  786  determined by the department.
  787         Section 11. Paragraph (a) of subsection (7) of section
  788  489.131, Florida Statutes, is amended to read:
  789         489.131 Applicability.—
  790         (7)(a) It is the policy of the state that the purpose of
  791  regulation is to protect the public by attaining compliance with
  792  the policies established in law. Fines and other penalties are
  793  provided in order to ensure compliance; however, the collection
  794  of fines and the imposition of penalties are intended to be
  795  secondary to the primary goal of attaining compliance with state
  796  laws and local jurisdiction ordinances. It is the intent of the
  797  Legislature that a local jurisdiction agency charged with
  798  enforcing regulatory laws shall issue a notice of noncompliance
  799  as its first response to a minor violation of a regulatory law
  800  in any instance in which it is reasonable to assume that the
  801  violator was unaware of such a law or unclear as to how to
  802  comply with it. A violation of a regulatory law is a “minor
  803  violation” if it does not result in economic or physical harm to
  804  a person or adversely affect the public health, safety, or
  805  welfare or create a significant threat of such harm. A “notice
  806  of noncompliance” is a notification by the local jurisdiction
  807  agency charged with enforcing the ordinance, which is issued to
  808  the licensee that is subject to the ordinance. A notice of
  809  noncompliance should not be accompanied with a fine or other
  810  disciplinary penalty. It should identify the specific ordinance
  811  that is being violated, provide information on how to comply
  812  with the ordinance, and specify a reasonable time for the
  813  violator to comply with the ordinance. Failure of a licensee to
  814  take action correcting the violation within a set period of time
  815  would then result in the institution of further disciplinary
  816  proceedings.
  817         Section 12. Section 489.514, Florida Statutes, is amended
  818  to read:
  819         489.514 Certification for registered contractors;
  820  grandfathering provisions.—
  821         (1) The board shall, upon receipt of a completed
  822  application, appropriate fee, and proof of compliance with the
  823  provisions of this section, issue:
  824         (a) To an applying registered electrical contractor, a
  825  certificate as an electrical contractor, as defined in s.
  826  489.505(12); or
  827         (b) To an applying registered alarm system contractor, a
  828  certificate in the matching alarm system contractor category, as
  829  defined in s. 489.505(2)(a) or (b); or
  830         (c) To an applying registered electrical specialty
  831  contractor, a certificate in the matching electrical specialty
  832  contractor category, as defined in s. 489.505(19).
  833         (2) Any contractor registered under this part who makes
  834  application under this section to the board shall meet each of
  835  the following requirements for certification:
  836         (a) Currently holds a valid registered local license in the
  837  category of electrical contractor, alarm system contractor, or
  838  electrical specialty contractor.
  839         (b) Has, for that category, passed a written, proctored
  840  examination that the board finds to be substantially similar to
  841  the examination required to be licensed as a certified
  842  contractor under this part. For purposes of this subsection, a
  843  written, proctored examination such as that produced by the
  844  National Assessment Institute, Block and Associates, NAI/Block,
  845  Experior Assessments, Professional Testing, Inc., or Assessment
  846  Systems, Inc., shall be considered to be substantially similar
  847  to the examination required to be licensed as a certified
  848  contractor. The board may not impose or make any requirements
  849  regarding the nature or content of these cited examinations.
  850         (c) Has at least 5 years of experience as a contractor in
  851  that contracting category, or as an inspector or building
  852  administrator with oversight over that category, at the time of
  853  application. For contractors, only time periods in which the
  854  contractor license is active and the contractor is not on
  855  probation shall count toward the 5 years required under this
  856  subsection.
  857         (d) Has not had his or her contractor’s license revoked at
  858  any time, had his or her contractor’s license suspended in the
  859  last 5 years, or been assessed a fine in excess of $500 in the
  860  last 5 years.
  861         (e) Is in compliance with the insurance and financial
  862  responsibility requirements in s. 489.515(1)(b).
  863         (3) An applicant must make application by November 1, 2015
  864  2004, to be licensed pursuant to this section.
  865         Section 13. Paragraph (c) of subsection (4) of section
  866  489.531, Florida Statutes, is amended to read:
  867         489.531 Prohibitions; penalties.—
  868         (4) Each county or municipality may, at its option,
  869  designate one or more of its code enforcement officers, as
  870  defined in chapter 162, to enforce, as set out in this
  871  subsection, the provisions of subsection (1) against persons who
  872  engage in activity for which county or municipal certification
  873  is required.
  874         (c) The local governing body of the county or municipality
  875  may is authorized to enforce codes and ordinances against
  876  unlicensed contractors under the provisions of this section and
  877  may enact an ordinance establishing procedures for implementing
  878  this section, including a schedule of penalties to be assessed
  879  by the code enforcement officers. The maximum civil penalty
  880  which may be levied may shall not exceed $2,000 $500. Moneys
  881  collected pursuant to this section shall be retained locally as
  882  provided for by local ordinance and may be set aside in a
  883  specific fund to support future enforcement activities against
  884  unlicensed contractors.
  885         Section 14. Present subsections (6) through (11) of section
  886  553.71, Florida Statutes, are redesignated as subsections (7)
  887  through (12), respectively, and a new subsection (6) is added to
  888  that section, to read:
  889         553.71 Definitions.—As used in this part, the term:
  890         (6) “Local technical amendment” means an action by a local
  891  governing authority that results in a technical change to the
  892  Florida Building Code and its local enforcement.
  893         Section 15. Subsection (17) of section 553.73, Florida
  894  Statutes, is amended to read:
  895         553.73 Florida Building Code.—
  896         (17) A provision The provisions of section R313 of the most
  897  current version of the International Residential Code relating
  898  to mandated fire sprinklers may not be incorporated into the
  899  Florida Building Code as adopted by the Florida Building
  900  Commission and may not be adopted as a local amendment to the
  901  Florida Building Code. This subsection does not prohibit the
  902  application of cost-saving incentives for residential fire
  903  sprinklers that are authorized in the International Residential
  904  Code upon a mutual agreement between the builder and the code
  905  official. This subsection does not apply to a local government
  906  that has a lawfully adopted ordinance relating to fire
  907  sprinklers which has been in effect since January 1, 2010.
  908         Section 16. Subsection (1) of section 553.74, Florida
  909  Statutes, is amended to read:
  910         553.74 Florida Building Commission.—
  911         (1) The Florida Building Commission is created and located
  912  within the Department of Business and Professional Regulation
  913  for administrative purposes. Members are shall be appointed by
  914  the Governor subject to confirmation by the Senate. The
  915  commission is shall be composed of 26 25 members, consisting of
  916  the following:
  917         (a) One architect registered to practice in this state and
  918  actively engaged in the profession. The American Institute of
  919  Architects, Florida Section, is encouraged to recommend a list
  920  of candidates for consideration.
  921         (b) One structural engineer registered to practice in this
  922  state and actively engaged in the profession. The Florida
  923  Engineering Society is encouraged to recommend a list of
  924  candidates for consideration.
  925         (c) One air-conditioning or mechanical contractor certified
  926  to do business in this state and actively engaged in the
  927  profession. The Florida Air Conditioning Contractors
  928  Association, the Florida Refrigeration and Air Conditioning
  929  Contractors Association, and the Mechanical Contractors
  930  Association of Florida are encouraged to recommend a list of
  931  candidates for consideration.
  932         (d) One electrical contractor certified to do business in
  933  this state and actively engaged in the profession. The Florida
  934  Electrical Contractors Association and the National Electrical
  935  Contractors Association, Florida Chapter, are encouraged to
  936  recommend a list of candidates for consideration.
  937         (e) One member from fire protection engineering or
  938  technology who is actively engaged in the profession. The
  939  Florida Chapter of the Society of Fire Protection Engineers and
  940  the Florida Fire Marshals and Inspectors Association are
  941  encouraged to recommend a list of candidates for consideration.
  942         (f) One general contractor certified to do business in this
  943  state and actively engaged in the profession. The Associated
  944  Builders and Contractors of Florida, the Florida Associated
  945  General Contractors Council, and the Union Contractors
  946  Association are encouraged to recommend a list of candidates for
  947  consideration.
  948         (g) One plumbing contractor licensed to do business in this
  949  state and actively engaged in the profession. The Florida
  950  Association of Plumbing, Heating, and Cooling Contractors is
  951  encouraged to recommend a list of candidates for consideration.
  952         (h) One roofing or sheet metal contractor certified to do
  953  business in this state and actively engaged in the profession.
  954  The Florida Roofing, Sheet Metal, and Air Conditioning
  955  Contractors Association and the Sheet Metal and Air Conditioning
  956  Contractors National Association are encouraged to recommend a
  957  list of candidates for consideration.
  958         (i) One residential contractor licensed to do business in
  959  this state and actively engaged in the profession. The Florida
  960  Home Builders Association is encouraged to recommend a list of
  961  candidates for consideration.
  962         (j) Three members who are municipal or district codes
  963  enforcement officials, one of whom is also a fire official. The
  964  Building Officials Association of Florida and the Florida Fire
  965  Marshals and Inspectors Association are encouraged to recommend
  966  a list of candidates for consideration.
  967         (k) One member who represents the Department of Financial
  968  Services.
  969         (l) One member who is a county codes enforcement official.
  970  The Building Officials Association of Florida is encouraged to
  971  recommend a list of candidates for consideration.
  972         (m) One member of a Florida-based organization of persons
  973  with disabilities or a nationally chartered organization of
  974  persons with disabilities with chapters in this state.
  975         (n) One member of the manufactured buildings industry who
  976  is licensed to do business in this state and is actively engaged
  977  in the industry. The Florida Manufactured Housing Association is
  978  encouraged to recommend a list of candidates for consideration.
  979         (o) One mechanical or electrical engineer registered to
  980  practice in this state and actively engaged in the profession.
  981  The Florida Engineering Society is encouraged to recommend a
  982  list of candidates for consideration.
  983         (p) One member who is a representative of a municipality or
  984  a charter county. The Florida League of Cities and the Florida
  985  Association of Counties are encouraged to recommend a list of
  986  candidates for consideration.
  987         (q) One member of the building products manufacturing
  988  industry who is authorized to do business in this state and is
  989  actively engaged in the industry. The Florida Building Material
  990  Association, the Florida Concrete and Products Association, and
  991  the Fenestration Manufacturers Association are encouraged to
  992  recommend a list of candidates for consideration.
  993         (r) One member who is a representative of the building
  994  owners and managers industry who is actively engaged in
  995  commercial building ownership or management. The Building Owners
  996  and Managers Association is encouraged to recommend a list of
  997  candidates for consideration.
  998         (s) One member who is a representative of the insurance
  999  industry. The Florida Insurance Council is encouraged to
 1000  recommend a list of candidates for consideration.
 1001         (t) One member who is a representative of public education.
 1002         (u) One member who is a swimming pool contractor licensed
 1003  to do business in this state and actively engaged in the
 1004  profession. The Florida Swimming Pool Association and the United
 1005  Pool and Spa Association are encouraged to recommend a list of
 1006  candidates for consideration.
 1007         (v) One member who is a representative of the green
 1008  building industry and who is a third-party commission agent, a
 1009  Florida board member of the United States Green Building Council
 1010  or Green Building Initiative, a professional who is accredited
 1011  under the International Green Construction Code (IGCC), or a
 1012  professional who is accredited under Leadership in Energy and
 1013  Environmental Design (LEED).
 1014         (w) One member who is a representative of a natural gas
 1015  distribution system and who is actively engaged in the
 1016  distribution of natural gas in this state. The Florida Natural
 1017  Gas Association is encouraged to recommend a list of candidates
 1018  for consideration.
 1019         (x)(w) One member who shall be the chair.
 1020  
 1021  Any person serving on the commission under paragraph (c) or
 1022  paragraph (h) on October 1, 2003, and who has served less than
 1023  two full terms is eligible for reappointment to the commission
 1024  regardless of whether he or she meets the new qualification.
 1025         Section 17. Subsection (18) is added to section 553.79,
 1026  Florida Statutes, to read:
 1027         553.79 Permits; applications; issuance; inspections.—
 1028         (18) For the purpose of inspection and record retention,
 1029  site plans for a building may be maintained in the form of an
 1030  electronic copy at the worksite. These plans must be open to
 1031  inspection by the building official or a duly authorized
 1032  representative, as required by the Florida Building Code.
 1033         Section 18. Paragraph (a) of subsection (5) of section
 1034  553.842, Florida Statutes, is amended to read:
 1035         553.842 Product evaluation and approval.—
 1036         (5) Statewide approval of products, methods, or systems of
 1037  construction may be achieved by one of the following methods.
 1038  One of these methods must be used by the commission to approve
 1039  the following categories of products: panel walls, exterior
 1040  doors, roofing, skylights, windows, shutters, impact protective
 1041  systems, and structural components as established by the
 1042  commission by rule. A product may not be advertised, sold,
 1043  offered, provided, distributed, or marketed as hurricane,
 1044  windstorm, or impact protection from wind-borne debris from a
 1045  hurricane or windstorm unless it is approved pursuant to this
 1046  section or s. 553.8425. Any person who advertises, sells,
 1047  offers, provides, distributes, or markets a product as
 1048  hurricane, windstorm, or impact protection from wind-borne
 1049  debris without such approval is subject to the Florida Deceptive
 1050  and Unfair Trade Practices Act under part II of chapter 501
 1051  brought by the enforcing authority as defined in s. 501.203.
 1052         (a) Products for which the code establishes standardized
 1053  testing or comparative or rational analysis methods shall be
 1054  approved by submittal and validation of one of the following
 1055  reports or listings indicating that the product or method or
 1056  system of construction was in compliance with the Florida
 1057  Building Code and that the product or method or system of
 1058  construction is, for the purpose intended, at least equivalent
 1059  to that required by the Florida Building Code:
 1060         1. A certification mark or listing of an approved
 1061  certification agency, which may be used only for products for
 1062  which the code designates standardized testing;
 1063         2. A test report from an approved testing laboratory;
 1064         3. A product evaluation report based upon testing or
 1065  comparative or rational analysis, or a combination thereof, from
 1066  an approved product evaluation entity; or
 1067         4. A product evaluation report based upon testing or
 1068  comparative or rational analysis, or a combination thereof,
 1069  developed and signed and sealed by a professional engineer or
 1070  architect, licensed in this state.
 1071  
 1072  A product evaluation report or a certification mark or listing
 1073  of an approved certification agency which demonstrates that the
 1074  product or method or system of construction complies with the
 1075  Florida Building Code for the purpose intended is equivalent to
 1076  a test report and test procedure referenced in the Florida
 1077  Building Code. An application for state approval of a product
 1078  under subparagraph 1. or 3. must be approved by the department
 1079  after the commission staff or a designee verifies that the
 1080  application and related documentation are complete. This
 1081  verification must be completed within 10 business days after
 1082  receipt of the application. Upon approval by the department, the
 1083  product shall be immediately added to the list of state-approved
 1084  products maintained under subsection (13). Approvals by the
 1085  department shall be reviewed and ratified by the commission’s
 1086  program oversight committee except for a showing of good cause
 1087  that a review by the full commission is necessary. The
 1088  commission shall adopt rules providing means to cure
 1089  deficiencies identified within submittals for products approved
 1090  under this paragraph.
 1091         Section 19. Section 553.901, Florida Statutes, is amended
 1092  to read:
 1093         553.901 Purpose of thermal efficiency code.—The Department
 1094  of Business and Professional Regulation shall prepare a thermal
 1095  efficiency code to provide for a statewide uniform standard for
 1096  energy efficiency in the thermal design and operation of all
 1097  buildings statewide, consistent with energy conservation goals,
 1098  and to best provide for public safety, health, and general
 1099  welfare. The Florida Building Commission shall adopt the Florida
 1100  Building Code-Energy Conservation Florida Energy Efficiency Code
 1101  for Building Construction within the Florida Building Code, and
 1102  shall modify, revise, update, and maintain the code to implement
 1103  the provisions of this thermal efficiency code and amendments
 1104  thereto, in accordance with the procedures of chapter 120. The
 1105  department shall, at least triennially, determine the most cost
 1106  effective energy-saving equipment and techniques available and
 1107  report its determinations to the commission, which shall update
 1108  the code to incorporate such equipment and techniques. The
 1109  proposed changes shall be made available for public review and
 1110  comment no later than 6 months before prior to code
 1111  implementation. The term “cost-effective,” as used in for the
 1112  purposes of this part, means shall be construed to mean cost
 1113  effective to the consumer.
 1114         Section 20. Section 553.902, Florida Statutes, is reordered
 1115  and amended to read:
 1116         553.902 Definitions.—As used in For the purposes of this
 1117  part, the term:
 1118         (2)(1) “Exempted building” means:
 1119         (a) A Any building or portion thereof whose peak design
 1120  rate of energy usage for all purposes is less than 1 watt (3.4
 1121  Btu per hour) per square foot of floor area for all purposes.
 1122         (b) A Any building that which is neither heated nor cooled
 1123  by a mechanical system designed to control or modify the indoor
 1124  temperature and powered by electricity or fossil fuels.
 1125         (c) A Any building for which federal mandatory standards
 1126  preempt state energy codes.
 1127         (d) A Any historical building as described in s.
 1128  267.021(3).
 1129  
 1130  The Florida Building Commission may recommend to the Legislature
 1131  additional types of buildings which should be exempted from
 1132  compliance with the Florida Building Code-Energy Conservation
 1133  Florida Energy Efficiency Code for Building Construction.
 1134         (4)(2) “HVAC” means a system of heating, ventilating, and
 1135  air-conditioning.
 1136         (6)(3) “Renovated building” means a residential or
 1137  nonresidential building undergoing alteration that varies or
 1138  changes insulation, HVAC systems, water heating systems, or
 1139  exterior envelope conditions, if provided the estimated cost of
 1140  renovation exceeds 30 percent of the assessed value of the
 1141  structure.
 1142         (5)(4) “Local enforcement agency” means the agency of local
 1143  government which has the authority to make inspections of
 1144  buildings and to enforce the Florida Building Code. The term It
 1145  includes any agency within the definition of s. 553.71(5).
 1146         (3)(5) “Exterior envelope physical characteristics” means
 1147  the physical nature of those elements of a building which
 1148  enclose conditioned spaces through which energy may be
 1149  transferred to or from the exterior.
 1150         (1)(6) “Energy performance level” means the indicator of
 1151  the energy-related performance of a building, including, but not
 1152  limited to, the levels of insulation, the amount and type of
 1153  glass, and the HVAC and water heating system efficiencies.
 1154         Section 21. Section 553.903, Florida Statutes, is amended
 1155  to read:
 1156         553.903 Applicability.—This part applies shall apply to all
 1157  new and renovated buildings in the state, except exempted
 1158  buildings, for which building permits are obtained after March
 1159  15, 1979, and to the installation or replacement of building
 1160  systems and components with new products for which thermal
 1161  efficiency standards are set by the Florida Building Code-Energy
 1162  Conservation Florida Energy Efficiency Code for Building
 1163  Construction. The provisions of this part shall constitute a
 1164  statewide uniform code.
 1165         Section 22. Section 553.904, Florida Statutes, is amended
 1166  to read:
 1167         553.904 Thermal efficiency standards for new nonresidential
 1168  buildings.—Thermal designs and operations for new nonresidential
 1169  buildings for which building permits are obtained after March
 1170  15, 1979, must shall at a minimum take into account exterior
 1171  envelope physical characteristics, including thermal mass; HVAC,
 1172  service water heating, energy distribution, lighting, energy
 1173  managing, and auxiliary systems design and selection; and HVAC,
 1174  service water heating, energy distribution, lighting, energy
 1175  managing, and auxiliary equipment performance, and are shall not
 1176  be required to meet standards more stringent than the provisions
 1177  of the Florida Building Code-Energy Conservation Florida Energy
 1178  Efficiency Code for Building Construction.
 1179         Section 23. Section 553.905, Florida Statutes, is amended
 1180  to read:
 1181         553.905 Thermal efficiency standards for new residential
 1182  buildings.—Thermal designs and operations for new residential
 1183  buildings for which building permits are obtained after March
 1184  15, 1979, must shall at a minimum take into account exterior
 1185  envelope physical characteristics, HVAC system selection and
 1186  configuration, HVAC equipment performance, and service water
 1187  heating design and equipment selection and are shall not be
 1188  required to meet standards more stringent than the provisions of
 1189  the Florida Building Code-Energy Conservation Florida Energy
 1190  Efficiency Code for Building Construction. HVAC equipment
 1191  mounted in an attic or a garage is shall not be required to have
 1192  supplemental insulation in addition to that installed by the
 1193  manufacturer. All new residential buildings, except those herein
 1194  exempted, must shall have insulation in ceilings rated at R-19
 1195  or more, space permitting. Thermal efficiency standards do not
 1196  apply to a building of less than 1,000 square feet which is not
 1197  primarily used as a principal residence and which is constructed
 1198  and owned by a natural person for hunting or similar
 1199  recreational purposes; however, no such person may not build
 1200  more than one exempt building in any 12-month period.
 1201         Section 24. Section 553.906, Florida Statutes, is amended
 1202  to read:
 1203         553.906 Thermal efficiency standards for renovated
 1204  buildings.—Thermal designs and operations for renovated
 1205  buildings for which building permits are obtained after March
 1206  15, 1979, must shall take into account insulation; windows;
 1207  infiltration; and HVAC, service water heating, energy
 1208  distribution, lighting, energy managing, and auxiliary systems
 1209  design and equipment selection and performance. Such buildings
 1210  are shall not be required to meet standards more stringent than
 1211  the provisions of the Florida Building Code-Energy Conservation
 1212  Florida Energy Efficiency Code for Building Construction. These
 1213  standards apply only to those portions of the structure which
 1214  are actually renovated.
 1215         Section 25. Section 553.912, Florida Statutes, is amended
 1216  to read:
 1217         553.912 Air conditioners.—All air conditioners that are
 1218  sold or installed in the state must shall meet the minimum
 1219  efficiency ratings of the Florida Building Code-Energy
 1220  Conservation Energy Efficiency Code for Building Construction.
 1221  These efficiency ratings must shall be minimums and may be
 1222  updated in the Florida Building Code-Energy Conservation Florida
 1223  Energy Efficiency Code for Building Construction by the
 1224  department in accordance with s. 553.901, following its
 1225  determination that more cost-effective energy-saving equipment
 1226  and techniques are available. It is the intent of the
 1227  Legislature that all replacement air-conditioning systems in
 1228  residential applications be installed using energy-saving,
 1229  quality installation procedures, including, but not limited to,
 1230  equipment sizing analysis and duct inspection. Notwithstanding
 1231  this section, existing heating and cooling equipment in
 1232  residential applications need not meet the minimum equipment
 1233  efficiencies, including system sizing and duct sealing.
 1234         Section 26. Section 553.991, Florida Statutes, is amended
 1235  to read:
 1236         553.991 Purpose.—The purpose of this part is to identify
 1237  systems provide for a statewide uniform system for rating the
 1238  energy efficiency of buildings. It is in the interest of the
 1239  state to encourage the consideration of the energy-efficiency
 1240  rating systems system in the market so as to provide market
 1241  rewards for energy-efficient buildings and to those persons or
 1242  companies designing, building, or selling energy-efficient
 1243  buildings.
 1244         Section 27. Section 553.992, Florida Statutes, is repealed.
 1245         Section 28. Section 553.993, Florida Statutes, is amended
 1246  to read:
 1247         553.993 Definitions.—For purposes of this part:
 1248         (1) “Acquisition” means to gain the sole or partial use of
 1249  a building through a purchase agreement.
 1250         (2) “Builder” means the primary contractor who possesses
 1251  the requisite skill, knowledge, and experience, and has the
 1252  responsibility, to supervise, direct, manage, and control the
 1253  contracting activities of the business organization with which
 1254  she or he is connected and who has the responsibility to
 1255  supervise, direct, manage, and control the construction work on
 1256  a job for which she or he has obtained the building permit.
 1257  Construction work includes, but is not limited to, foundation,
 1258  framing, wiring, plumbing, and finishing work.
 1259         (3) “Building energy-efficiency rating system” means a
 1260  whole building energy evaluation system established by the
 1261  Residential Energy Services Network, the Commercial Energy
 1262  Services Network, the Building Performance Institute, or the
 1263  Florida Solar Energy Center.
 1264         (4)(3) “Designer” means the architect, engineer, landscape
 1265  architect, builder, interior designer, or other person who
 1266  performs the actual design work or under whose direct
 1267  supervision and responsible charge the construction documents
 1268  are prepared.
 1269         (5) “Energy auditor” means a trained and certified
 1270  professional who conducts energy evaluations of an existing
 1271  building and uses tools to identify the building’s current
 1272  energy usage and the condition of the building and equipment.
 1273         (6) “Energy-efficiency rating” means an unbiased indication
 1274  of a building’s relative energy efficiency based on consistent
 1275  inspection procedures, operating assumptions, climate data, and
 1276  calculation methods.
 1277         (7) “Energy rater” means an individual certified by a
 1278  building energy-efficiency rating system to perform building
 1279  energy-efficiency ratings for the building type and in the
 1280  rating class for which the rater is certified.
 1281         (8)(4) “New building” means commercial occupancy buildings
 1282  permitted for construction after January 1, 1995, and
 1283  residential occupancy buildings permitted for construction after
 1284  January 1, 1994.
 1285         (9)(5) “Public building” means a building comfort
 1286  conditioned for occupancy that is owned or leased by the state,
 1287  a state agency, or a governmental subdivision, including, but
 1288  not limited to, a city, county, or school district.
 1289         Section 29. Section 553.994, Florida Statutes, is amended
 1290  to read:
 1291         553.994 Applicability.—Building energy-efficiency The
 1292  rating systems system shall apply to all public, commercial, and
 1293  residential buildings in the state.
 1294         Section 30. Section 553.995, Florida Statutes, is amended
 1295  to read:
 1296         553.995 Energy-efficiency ratings for buildings.—
 1297         (1) Building The energy-efficiency rating systems must,
 1298  system shall at a minimum:
 1299         (a) Provide a uniform rating scale of the efficiency of
 1300  buildings based on annual energy usage.
 1301         (a)(b) Take into account local climate conditions,
 1302  construction practices, and building use.
 1303         (b)(c) Be compatible with standard federal rating systems
 1304  and state building codes and standards, where applicable, and
 1305  shall satisfy the requirements of s. 553.9085 with respect to
 1306  residential buildings and s. 255.256 with respect to state
 1307  buildings.
 1308         (c)(2)The energy-efficiency rating system adopted by the
 1309  department shall Provide a means of analyzing and comparing the
 1310  relative energy efficiency of buildings upon the sale of new or
 1311  existing residential, public, or commercial buildings.
 1312         (3) The department shall establish a voluntary working
 1313  group of persons interested in the energy-efficiency rating
 1314  system or energy efficiency, including, but not limited to, such
 1315  persons as electrical engineers, mechanical engineers,
 1316  architects, public utilities, and builders. The interest group
 1317  shall advise the department in the development of the energy
 1318  efficiency rating system and shall assist the department in the
 1319  implementation of the rating system by coordinating educational
 1320  programs for designers, builders, businesses, and other
 1321  interested persons to assist compliance and to facilitate
 1322  incorporation of the rating system into existing practices.
 1323         (2)(a)(4)The department shall develop a training and
 1324  certification program to certify raters. In addition to the
 1325  department, Ratings may be conducted by a any local government
 1326  or private entity if, provided that the appropriate persons have
 1327  completed the necessary training established by the applicable
 1328  building energy-efficiency rating system and have been certified
 1329  by the department.
 1330         (b) The Department of Management Services shall rate state
 1331  owned or state-leased buildings if, provided that the
 1332  appropriate persons have completed the necessary training
 1333  established by the applicable building energy-efficiency rating
 1334  system and have been certified by the Department of Business and
 1335  Professional Regulation.
 1336         (c) A state agency that which has building construction
 1337  regulation authority may rate its own buildings and those it is
 1338  responsible for, if the appropriate persons have completed the
 1339  necessary training established by the applicable building
 1340  energy-efficiency rating system and have been certified by the
 1341  Department of Business and Professional Regulation. The
 1342  Department of Business and Professional Regulation may charge a
 1343  fee not to exceed the costs for the training and certification
 1344  of raters. The department shall by rule set the appropriate
 1345  charges for raters to charge for energy ratings, not to exceed
 1346  the actual costs.
 1347         Section 31. Section 553.996, Florida Statutes, is amended
 1348  to read:
 1349         553.996 Energy-efficiency information provided by building
 1350  energy-efficiency rating systems providers brochure.—A
 1351  prospective purchaser of real property with a building for
 1352  occupancy located thereon shall be provided with a copy of an
 1353  information brochure, at the time of or before prior to the
 1354  purchaser’s execution of the contract for sale and purchase
 1355  which notifies, notifying the purchaser of the option for an
 1356  energy-efficiency rating on the building. Building energy
 1357  efficiency rating system providers identified in this part shall
 1358  prepare such information and make it available for distribution
 1359  Such brochure shall be prepared, made available for
 1360  distribution, and provided at no cost by the department. Such
 1361  brochure shall contain information relevant to that class of
 1362  building must include, including, but need not be limited to:
 1363         (1) How to analyze the building’s energy-efficiency rating.
 1364         (2) Comparisons to statewide averages for new and existing
 1365  construction of that class.
 1366         (3) Information concerning methods to improve the
 1367  building’s energy-efficiency rating.
 1368         (4) A notice to residential purchasers that the energy
 1369  efficiency rating may qualify the purchaser for an energy
 1370  efficient mortgage from lending institutions.
 1371         Section 32. Subsection (2) of section 553.997, Florida
 1372  Statutes, is amended to read:
 1373         553.997 Public buildings.—
 1374         (2) The department, together with other State agencies
 1375  having building construction and maintenance responsibilities,
 1376  shall make available energy-efficiency practices information to
 1377  be used by individuals involved in the design, construction,
 1378  retrofitting, and maintenance of buildings for state and local
 1379  governments.
 1380         Section 33. Section 553.998, Florida Statutes, is amended
 1381  to read:
 1382         553.998 Compliance.—All ratings must shall be determined
 1383  using tools and procedures developed by the systems recognized
 1384  under this part adopted by the department by rule in accordance
 1385  with chapter 120 and must shall be certified by the rater as
 1386  accurate and correct and in compliance with procedures of the
 1387  system under which the rater is certified adopted by the
 1388  department by rule in accordance with chapter 120.
 1389         Section 34. Except as otherwise explicitly stated
 1390  elsewhere, this act shall take effect July 1, 2013.